Samsung ordered to pay up in smartphone battle with Apple

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Samsung ordered to pay up in smartphone battle with Apple

Judge Lucy Koh has upheld Apple's $1 billion jury verdict against Samsung, but spared Samsung treble damages for wilful infringement

In four orders delivered late Tuesday night, Koh said that a California jury's August verdict stands, but that Apple failed to prove that Samsung's infringement of its utility and design patents was intentional.

Apple had asked Koh to award an additional $400 million for wilful infringement to compensate for its loss of market share going forward.

But Koh said that Apple's arguments were "inconsistent". 

She wrote: "First, [Apple argues] that money cannot compensate Apple for the harm its lost market share may cause going forward, and second, that the Court should award $400 million to compensate Apple for lost market share. If an amount cannot be calculated to compensate for this loss, then it is unclear why $400 million would be an appropriate award."

Ars Technica author Joe Mullin said that Koh's order shows an attempt to limit the "crushing" effects of Apple's victory.

All four orders are available on Ars Technica. The decision is likely to be appealed.

Apple and Samsung are also battling in Japan over Samsung's August win in the Tokyo District Court.

more from across site and SHARED ros bottom lb

More from across our site

News of Via Licensing Alliance adding two new members and Nokia’s proposal to extend interim licences to Warner Bros Discovery and Paramount were also among the top talking points
A new claim filed by Ericsson, and a request for access to documents, were also among recent developments
Cooley and Stikeman Elliott advised 35Pharma on the deal, which will allow GSK to get its hands on S235, an investigational medicine for pulmonary hypertension
Simon Wright explains why the UK should embrace the possibility of rejoining the UPC, and reveals how CIPA is reacting to this month’s historic Emotional Perception AI case at the UK Supreme Court
Matthew Grady of Wolf Greenfield says AI presents an opportunity in patent practice for stronger collaboration between in-house and outside counsel
Aparna Watal, head of trademarks at Halfords IP, discusses why lawyers must take a stand when advising clients and how she balances work, motherhood and mentoring
Discussion hosted by Bird & Bird partners also hears that UK courts’ desire to determine FRAND rates could see the jurisdiction penalised in a similar way to China
The platform’s proactive intellectual property enforcement helps brands spot and kill fakes, so they can focus on growth. Managing IP learns more about the programme
Hire of José María del Valle Escalante to lead the firm’s operations in ‘dynamic’ Catalonia and Aragon regions follows last month’s appointment of a new chief information officer
The London elite have dominated IP litigation wins for the past 10 years, but a recent bombshell AI case could change all that
Gift this article